Judge Rules Against Trump Administration’s Third-Country Deportation Policy
A recent ruling by U.S. District Judge Brian E. Murphy in Massachusetts has declared the Trump administration’s policy of deporting immigrants to “third countries” without prior ties as unlawful. Murphy’s decision, made in a case previously considered by the Supreme Court, temporarily halts the policy for 15 days to allow for a government appeal. This ruling follows a previous Supreme Court decision that supported the administration, enabling a deportation flight to South Sudan, a country with no connection to the migrants involved.
Judge Murphy emphasized that immigrants must receive “meaningful notice” and have the chance to contest their deportation to a third country. He criticized the current policy for preemptively executing deportations before challenges could be made, stating it undermines legitimate objections.
Murphy wrote: “These are our laws, and it is with profound gratitude for the unbelievable luck of being born in the United States of America that this Court affirms these and our nation’s bedrock principle: that no ‘person’ in this country may be ‘deprived of life, liberty, or property, without due process of law.’”
In June, the Supreme Court’s conservative majority ruled that rapid deportation to third countries is permissible, a decision met with dissent from liberal justices Sonia Sotomayor and Ketanji Brown Jackson, who argued it afforded the government undue privileges.
Murphy highlighted instances of non-compliance by the Trump administration, noting deportations to El Salvador and Mexico occurred without due process despite a temporary restraining order. The Department of Homeland Security subsequently issued updated guidance on third-country removals shortly after Murphy’s order.
Murphy criticized the administration’s lack of transparency, stating: “The simple reality is that nobody knows the merits of any individual class member’s claim because (administration officials) are withholding the predicate fact: the country of removal.” This policy has particularly affected immigrants who face severe risks, such as torture or persecution, if returned to their native countries.
In May, eight men deported to South Sudan were reportedly convicted criminals in the U.S. and had existing removal orders, according to Immigration and Customs Enforcement officials.
